[in-enaction] Court orders state development to proceed only if legal - Rangpuri Pahari

This is half of a letter I sent on 06.03.03 to the Editor, IE. It outlines
the 'dis-connect' between tautologic court 'wins' and bizarre ground
realities. Admittedly with bias and cynicism, I think such portraits of
anarchy might be useful for we-are-where-here introspection for many
including professionals.
Gita Dewan Verma / Planner / 08.03.03

---------------Part letter about a 'half-truth' news report----------------

The news report is about action against some DDA engineers in the
mega-housing scam. The report suggests that the issue is tendering
irregularities and their cost implications, was exposed by some builders
and has something to do with PM's directions. I will not comment on the
veracity of these facts, but only state other facts, to which Newsline's
attention has been drawn time and again, and leave it to you to judge what
kind of reportage would have served greater public interest.

The PM's anti-corruption directions are a matter of public record, like
many other announcements made in feudal style. The mega-housing projects
post-date these directions. On affidavit DDA has stated that the
mega-housing projects themselves are pursuant to PM's directions for HIG
flats.

This affidavit was in a PIL against the first mega-housing projects,
started on green belt near Vasant Kunj without mandatory land use change.
The PIL was filed after DDA failed to respond to citizens' objections
since 2000 (on grounds of infringement of Plan entitlements to land and
water, not tendering irregularities) and started construction in March
2002, and after MoUD failed to intervene.

In its judgement of 16.09.02 the Court ordered work stopped and directed
DDA Chairman to institute an enquiry into how it came about. This
substantive inquiry was ordered much before builders sought a vigilance
enquiry through a politician, who could have intervened on his own as he
is on DDA. In January DDA Chairman attributed allegations of tendering
scam to 'jealousies' amongst builders.

Despite repeated requests from the petitioner and citizens, the Court
ordered enquiry into illegality did not take off. Had it done so, part of
Delhi's extraordinary land scam would have been exposed.

The PIL also precipitated a belated Public notice inviting
objections/suggestions. Citizens' groups re-filed their previous
objections. Over 1700 families filed individual objections as well. This
is unprecedented not only in terms of scale (for example, on the Notice
for the '62 Plan a total of about 600 responses were received city-wide,
on the metro property development Notice of December 2002 only 3 were
received), but also for two other reasons. One, they were filed by the
entire cross-section of area residents - in villages, old bastis, flats,
service providers' new settlements. Two, they are all based on
infringement by the proposed project of existing Plan entitlements. Though
the proposal jeopardises currently 'fashionable' concerns like
environment, heritage, etc, no concerned NGOs responded. Nor did various
authorities, other than CGWA, respond despite citizens' requests.

For two months work continued by 'reputed' firms in contempt of court and
finally stopped (before the enquiry by builders/politicians was sought) as
a result only of sustained efforts of people themselves.

On 27.01.03 a 'Public Hearing', the first ever on a Plan modification
proposal, was held - through individual 'interviews' of a dozen people
invited out of the more than 1700 that had objected. A joint report by all
but one (a builder developing an unauthorised colony) was sent to the
Board thereafter.

Sporadic work on the site continues and it continues to remain the
solitary responsibility of people to keep up a sustained holding
operation. In the latest, on 03.03.03 a PCR was called as truckloads of
rubble were was being removed illegally. Complainants were warned against
repeatedly complaining!

The court-directed inquiry has not been conducted, nor has the outcome of
the Public Hearing been made public. The larger issues of subversion of
planned development, due process of law and of democracy have not made
news. Nor have citizens' 'small' efforts made news, like securing for the
family of the worker that died in an accident on the site compensation
from the reputed firm illegally building on it, sustained complaints
against tree-felling, illegal ground water withdrawal, illegal removal of
earth and stone from the site, etc, etc. Nor has the tragedy of people
having to police the state and not being able to 'win' even after winning
in court against the land mafia made news.

And now some vigilance inquiry at the instance of some builders has led to
some action that has made news. This is even as it really makes no
difference to people being robbed of, and struggling to safeguard, their
rights to land, water, planned development and participation therein which
builder robs them with help from which engineer or politician.